O.C.G.A.

§ 44-9-55 applicable to statutory ways. - The words "six months' knowledge" and "without moving for damages" are applicable to ways laid out by statutory proceedings and not to prescriptive ways. Watkins v. Country Club, 120 Ga. 45, 47 S.E. 538 (1904).

O.C.G.A. § 44-9-55 is apparently intended as a statute of limitations upon the right of the owner of land over which a private way is laid out to have damages for the subjection of land to the servitude of the way assessed and paid. And the "six months' knowledge" of the owner of the land in that section refers to knowledge of the laying out of a way under statutory proceedings. First Christian Church v. Realty Inv. Co., 180 Ga. 35, 178 S.E. 303 (1934).

One entering with consent must bring notice to owner of prescriptive use.

- One who seeks to ripen an absolute right to the use of a private way by prescription, instead of obtaining it by express grant, must, when one enters with the consent of the owner, bring some affirmative notice to the owner, by making repairs or otherwise, of the owner's intention to prescribe through seven years' use. First Christian Church v. Realty Inv. Co., 180 Ga. 35, 178 S.E. 303 (1934).

Prescriber must show way kept open and in repair during statutory period.

- In order to set up a prescriptive right of way, it is essential that the prescriber show not only that the prescriber has been in the uninterrupted use thereof for seven years or more, that it does not exceed 15 (now 20) feet in width, and that it is the same number of feet originally appropriated, but that the prescriber has kept it open and in repair during this period. Rogers v. Wilson, 171 Ga. 802, 156 S.E. 817 (1931).

Passive keeping in repair is notice, but inaction will not suffice; the expression "keeping in repair" originated in an age when private ways were unpaved and of necessity had to be repaired in order that the use thereof might be continued, and was then the equivalent of action and affirmative notice of an intention to prescribe, even where the use originated in consent. First Christian Church v. Realty Inv. Co., 180 Ga. 35, 178 S.E. 303 (1934).

When way legally obtained and continued for statutory period, right becomes absolute.

- When use of a private way has been legally obtained and is continued as long as seven years, of which the owner has had six months' knowledge without moving for damages, the right of use becomes absolute, and the owner is barred from claiming damages. First Christian Church v. Realty Inv. Co., 180 Ga. 35, 178 S.E. 303 (1934).

Am. Jur. 2d.

- 25 Am. Jur. 2d, Easements and Licenses, § 129, 130.

C.J.S.

- 28A C.J.S., Easements, §§ 191, 209, 210.

ALR.

- Acquisition of right of way by prescription as affected by change of location or deviation during prescriptive period, 80 A.L.R.2d 1095.